Many people still say custody, and that is fine. The Family Law Act uses different words. It talks about guardianship, parenting responsibilities (decisions about things like school, health care and religion) and parenting time (the time a child spends in each parent’s care). The federal Divorce Act uses similar ideas: decision-making responsibility and parenting time.
The legal test is the same in every case: what is best for the child. Courts look at the child’s needs and stage of development, their relationships with each parent and other important people, their own views where they are able to express them, any history of family violence, and how well the parents can cooperate. There is no automatic 50/50 starting point, and no rule that favours mothers or fathers.
We help parents build arrangements that hold up in real life, with enough detail to prevent arguments over holidays, pick-up times and travel.
What we help with
- Parenting plans and parenting agreements
- Applications for parenting orders in Provincial Court or Supreme Court
- Guardianship applications, including for grandparents and other relatives
- Changing an existing order when circumstances change
- Travel consent, passports and international travel disputes
- Section 211 reports and other assessments of a child’s needs
How it usually works
- 01
Understand the priorities
We start with the children’s current routine, school and activities, any safety concerns, and what each parent can realistically manage.
- 02
Try to agree
Arrangements reached by agreement tend to last longer. Negotiation, mediation or a parenting coordinator can all help.
- 03
Apply to court if needed
Where there is no agreement, or a child’s safety is at risk, we apply for an order. Interim orders can put a temporary schedule in place while the case continues.
Related services
- Child SupportGuideline amounts, shared parenting, special expenses, income disputes, changes and arrears.
- Relocation & MobilityMoving with a child after separation, or responding when the other parent plans to move.
- Separation AgreementsA written agreement that settles parenting, support, property and debt without a trial.